Marimuthu v. The Inspector Of Police

CRL OP(MD). No.5753 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.5753 of 2023 Marimuthu ... Petitioner/Accused 1 Vs The State rep.by The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

(Crime No.57/2023).

... Respondent/Complainant For Petitioner : M/s.V.M.Jegadeesha Pandian, Advocate.

For Respondent : Mr.T.SENTHIL KUMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.57/2023 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 8(c) and 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985, in Crime No.57 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 3 kgs of Ganja. Hence, the case.

3.The learned counsel for the petitioner would submit that there are four accused involved in this case. The petitioner is arrayed as A1. Based on the confession statement of A2 to A4, the petitioner has been implicated as A1 in this case. A2 to A4 were in possession of 3kgs of Ganja and the petitioner has no way connected with the other accused person. Hence, he sought for anticipatory bail.

4.The learned Additional Public Prosecutor would submit that the petitioner is the master mind behind the entire crime and he has https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.5753 of 2023 also involved in one previous case and he is yet to be secured in this case. The petitioner has only purchased the contraband and by selling through A2 to A4. Hence, he opposed to grant anticipatory bail.

5.Heard. Perused the materials available on record including the First Information Report.

6.Taking into consideration the gravity of the offence and also the fact that the custodial interrogation of the petitioner is very much required in this case, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. sd/- 28/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE INSPECTOR OF POLICE, VASUDEVANALLUR POLICE STATION, TENKASI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.5753 of 2023 Date :28/03/2023 SA/VR/SAR.3/10.04.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2